Google Sponsored Links Trademark Infringement Trial Begins
The case brought earlier this year by auto-insurance firm, Geico against internet
search portal, Google over the latter's 'sponsored links' service has begun,
it emerged this week. In May of this year, Geico filed suit against Google, alleging that its use
of the Geico trademark to draw up adverts for rival insurance providers represented
an infringement. Geico is reported to be seeking $8.65 million in damages and
an injunction to prevent Google's AdWords program from using its trademark. Speaking to the Associated Press with regard to the case, which is being heard
by Virginia District Judge Leonie Brinkema, Geico attorney, Charles Ossola explained
that: "When a consumer enters 'Geico'...and goes to the sponsored link believing
there's a connection, that is where the confusion arises." Google has faced a number of lawsuits in different countries brought by aggrieved
trademark owners. On the whole, Google has won when the keywords in question
are generic, but has lost when they are clearly proprietary, although a French
judgement - now under appeal - gave protection to a generic keyword. A comprehensive report in our Intelligence Report series examining offshore e-commerce and online gaming is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report6.asp
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